Search

Bava Batra 162

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

This week’s learning is sponsored by Debbie and Yossi Gevir for the refuah shleima of Eitan Asher ben Dvora v’Haim Zelig. “Eitan was wounded while protecting Am Yisrael in Lebanon two and a half weeks ago. May he and his buddies continue to  heal steadily along with all of Tzahal’s wounded soldiers.”

Rav Amram explained the reasoning behind Rabbi Yochanan’s ruling that the last line of a document should contain a review of the main part of the document. Since there is often a bit of space between the end of the document and the signatures, there is concern that the last line could have been added after the witnesses signed. Therefore, nothing new is added, as it would not be upheld, and instead, the last line should include a review of the document’s content.

Rav Amram supports his explanation from a braita that permitted one line of space but forbade leaving two lines of space between the end of a document and the signatures. He explains that one line is permitted because the last line contains only a review, but two would be a problem as something additional can be added.

A question was then raised about leaving a line and a half. Initially, they attempted to answer the question from the braita, but inferences could be made in either direction. They quoted another braita from which it was clearly stated that anything less than two lines would be valid.

The braita continues with another ruling about witnesses’ signatures. If four or five witnesses signed on a document and some were disqualified witnesses or relatives, those signatures are ignored and the document is validated by the other signatures. This supports Chizkiya’s ruling that if more than two lines were left blank before the signatures but were subsequently filled in with disqualified witnesses’ signatures, the document is still valid. He draws a parallel to the laws of s’chach in a sukka, where a space of three handsbreadths disqualifies the sukka, but if the space is filled with disqualified s’chach, it is only problematic if it is four handsbreadths wide.

Today’s daily daf tools:

Bava Batra 162

אָמַר רַב עַמְרָם: לְפִי שֶׁאֵין לְמֵדִין מִשִּׁיטָה אַחֲרוֹנָה.

Rav Amram says: It is because one may not learn any new details from the final line of a document. There is a concern that the holder of the document may have written in an extra line of text to his advantage, between the text and the witnesses’ signatures. Therefore, any new information contained in the last line is disregarded. Since the final line is disregarded, it is necessary that the final line of a document contain only a review of what is already written in it.

אֲמַר לֵיהּ רַב נַחְמָן לְרַב עַמְרָם: מְנָא לָךְ הָא? אֲמַר לֵיהּ, דְּתַנְיָא: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין מִן הַכְּתָב – פָּסוּל, שִׁיטָה אַחַת – כָּשֵׁר.

Rav Naḥman said to Rav Amram: From where do you know this? Rav Amram said to him: As it is taught in a baraita (Tosefta 11:1): If one writing a document distanced the witnesses’ signatures two lines from the text of the document, leaving two lines blank, the document is not valid, as it would be possible for the holder of the document to fill in false information in those lines. But if one distanced the signatures one line from the text, the document is valid.

מַאי שְׁנָא שְׁנֵי שִׁיטִין – דִּלְמָא מְזַיֵּיף וְכָתֵב; שִׁיטָה אַחַת נָמֵי, מְזַיֵּיף וְכָתַב! אֶלָּא לָאו שְׁמַע מִינַּהּ אֵין לְמֵדִין מִשִּׁיטָה אַחֲרוֹנָה? שְׁמַע מִינַּהּ.

Rav Amram analyzes the baraita: What is different in the case of two blank lines that the document is not valid? If you say that perhaps the holder of the document will take advantage of those two blank lines, and forge unverified information and write it in those lines, then in the case of one line left blank as well, he can forge information and write it in that line. Rather, must one not conclude from the baraita that one may not learn any new details from the final line of a document? Therefore, only when two lines are left blank is there a concern that false information would be added to the penultimate line. The Gemara affirms: Conclude from this baraita that it is so.

אִיבַּעְיָא לְהוּ: שִׁיטָה וּמֶחֱצָה, מַאי? תָּא שְׁמַע: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין – פָּסוּל. הָא שִׁיטָה וּמֶחֱצָה – כָּשֵׁר.

A dilemma was raised before the Sages: If the space of a line and a half is left blank, what is the halakha? The Gemara seeks a solution to the dilemma. Come and hear what was stated in the baraita cited earlier: If one writing a document distanced the witnesses’ signatures two lines from the text of the document, leaving two lines blank, the document is not valid. One can infer: But if there is a gap of only a line and a half, the document is valid.

אֵימָא סֵיפָא: שִׁיטָה אַחַת – כָּשֵׁר. שִׁיטָה אַחַת הוּא דְּכָשֵׁר, הָא שִׁיטָה וּמֶחֱצָה – פָּסוּל! אֶלָּא מֵהָא לֵיכָּא לְמִשְׁמַע מִינַּהּ.

The Gemara deflects this proof: Say the last clause of the baraita: If one writing a document distanced the witnesses’ signatures one line from the text of the document, the document is valid. One can infer: It is only when there is a gap of one line that the document is valid, but if there is a gap of a line and a half it is not valid. The Gemara states: Rather, no inference is to be learned from this baraita.

מַאי הָוֵי עֲלַהּ? תָּא שְׁמַע, דְּתַנְיָא: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין מִן הַכְּתָב – פָּסוּל. פָּחוֹת מִכָּאן – כָּשֵׁר.

What halakhic conclusion was reached about this matter? Come and hear a proof from a different source, as it is taught in a baraita (Tosefta 11:10): If one writing a document distanced the witnesses’ signatures two lines from the text of the document, the document is not valid, but if the gap is less than that, it is valid. It is clear from the baraita that any gap less than two full lines does not invalidate the document.

הָיוּ אַרְבָּעָה וַחֲמִשָּׁה עֵדִים חֲתוּמִין עַל הַשְּׁטָר, וְנִמְצָא אֶחָד מֵהֶן קָרוֹב אוֹ פָּסוּל – תִּתְקַיֵּים עֵדוּת בַּשְּׁאָר.

The baraita continues: If there were four or five witnesses signed on the document, and one of them was found to be a relative of one of the parties in the document, or one of them was found to be otherwise disqualified from bearing witness, the testimony on the document may be established via the other witnesses.

מְסַיַּיע לֵיהּ לְחִזְקִיָּה, דְּאָמַר חִזְקִיָּה: מִלְּאָהוּ בִּקְרוֹבִים – כָּשֵׁר.

The Gemara draws a further conclusion from this baraita: This supports the opinion of Ḥizkiyya, as Ḥizkiyya says: If one filled in the gap between the document and the signatures with signatures of relatives, the document is valid.

וְאַל תִּתְמַהּ, שֶׁהֲרֵי אֲוִיר סוּכָּה פּוֹסֵל בִּשְׁלֹשָׁה, סְכָךְ פָּסוּל פּוֹסֵל בְּאַרְבָּעָה.

Ḥizkiyya continued: And do not be surprised by this, as a similar situation is found with regard to the roofing of a sukka. Empty space in the roofing of a sukka disqualifies the sukka if the space extends for three handbreadths, whereas materials that are unfit to be used as roofing disqualify the sukka only if the unfit material extends for four handbreadths. If a sukka had a gap in its roofing of three handbreadths it is disqualified, but if the gap is filled in with unfit material the sukka is valid, since it is less than four handbreadths. This is comparable to the situation with a document: If there is a significant gap between the text and the signatures the document is not valid, but if the gap is filled in with signatures of those disqualified from bearing witness it is valid.

אִיבַּעְיָא לְהוּ: שְׁנֵי שִׁיטִין שֶׁאָמְרוּ –

§ A dilemma was raised before the Sages: With regard to the gap of two blank lines between the text and the signatures, which the Sages said invalidates the document,

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

I start learning Daf Yomi in January 2020. The daily learning with Rabbanit Michelle has kept me grounded in this very uncertain time. Despite everything going on – the Pandemic, my personal life, climate change, war, etc… I know I can count on Hadran’s podcast to bring a smile to my face.
Deb Engel
Deb Engel

Los Angeles, United States

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

I decided to learn one masechet, Brachot, but quickly fell in love and never stopped! It has been great, everyone is always asking how it’s going and chering me on, and my students are always making sure I did the day’s daf.

Yafit Fishbach
Yafit Fishbach

Memphis, Tennessee, United States

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, Israel

I started learning with rabbis. I needed to know more than the stories. My first teacher to show me “the way of the Talmud” as well as the stories was Samara Schwartz.
Michelle Farber started the new cycle 2 yrs ago and I jumped on for the ride.
I do not look back.

Jenifer Nech
Jenifer Nech

Houston, United States

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

Julie-Landau-Photo
Julie Landau

Karmiel, Israel

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

I began my Daf Yomi journey on January 5, 2020. I had never learned Talmud before. Initially it struck me as a bunch of inane and arcane details with mind bending logic. I am now smitten. Rabbanit Farber brings the page to life and I am eager to learn with her every day!

Lori Stark
Lori Stark

Highland Park, United States

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, United States

I started learning at the beginning of this cycle more than 2 years ago, and I have not missed a day or a daf. It’s been challenging and enlightening and even mind-numbing at times, but the learning and the shared experience have all been worth it. If you are open to it, there’s no telling what might come into your life.

Patti Evans
Patti Evans

Phoenix, Arizona, United States

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

Retirement and Covid converged to provide me with the opportunity to commit to daily Talmud study in October 2020. I dove into the middle of Eruvin and continued to navigate Seder Moed, with Rabannit Michelle as my guide. I have developed more confidence in my learning as I completed each masechet and look forward to completing the Daf Yomi cycle so that I can begin again!

Rhona Fink
Rhona Fink

San Diego, United States

I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.

Meira Shapiro
Meira Shapiro

NJ, United States

I had never heard of Daf Yomi and after reading the book, The Weight of Ink, I explored more about it. I discovered that it was only 6 months before a whole new cycle started and I was determined to give it a try. I tried to get a friend to join me on the journey but after the first few weeks they all dropped it. I haven’t missed a day of reading and of listening to the podcast.

Anne Rubin
Anne Rubin

Elkins Park, United States

I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.

Medinah Korn
Medinah Korn

בית שמש, Israel

Bava Batra 162

אָמַר רַב עַמְרָם: לְפִי שֶׁאֵין לְמֵדִין מִשִּׁיטָה אַחֲרוֹנָה.

Rav Amram says: It is because one may not learn any new details from the final line of a document. There is a concern that the holder of the document may have written in an extra line of text to his advantage, between the text and the witnesses’ signatures. Therefore, any new information contained in the last line is disregarded. Since the final line is disregarded, it is necessary that the final line of a document contain only a review of what is already written in it.

אֲמַר לֵיהּ רַב נַחְמָן לְרַב עַמְרָם: מְנָא לָךְ הָא? אֲמַר לֵיהּ, דְּתַנְיָא: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין מִן הַכְּתָב – פָּסוּל, שִׁיטָה אַחַת – כָּשֵׁר.

Rav Naḥman said to Rav Amram: From where do you know this? Rav Amram said to him: As it is taught in a baraita (Tosefta 11:1): If one writing a document distanced the witnesses’ signatures two lines from the text of the document, leaving two lines blank, the document is not valid, as it would be possible for the holder of the document to fill in false information in those lines. But if one distanced the signatures one line from the text, the document is valid.

מַאי שְׁנָא שְׁנֵי שִׁיטִין – דִּלְמָא מְזַיֵּיף וְכָתֵב; שִׁיטָה אַחַת נָמֵי, מְזַיֵּיף וְכָתַב! אֶלָּא לָאו שְׁמַע מִינַּהּ אֵין לְמֵדִין מִשִּׁיטָה אַחֲרוֹנָה? שְׁמַע מִינַּהּ.

Rav Amram analyzes the baraita: What is different in the case of two blank lines that the document is not valid? If you say that perhaps the holder of the document will take advantage of those two blank lines, and forge unverified information and write it in those lines, then in the case of one line left blank as well, he can forge information and write it in that line. Rather, must one not conclude from the baraita that one may not learn any new details from the final line of a document? Therefore, only when two lines are left blank is there a concern that false information would be added to the penultimate line. The Gemara affirms: Conclude from this baraita that it is so.

אִיבַּעְיָא לְהוּ: שִׁיטָה וּמֶחֱצָה, מַאי? תָּא שְׁמַע: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין – פָּסוּל. הָא שִׁיטָה וּמֶחֱצָה – כָּשֵׁר.

A dilemma was raised before the Sages: If the space of a line and a half is left blank, what is the halakha? The Gemara seeks a solution to the dilemma. Come and hear what was stated in the baraita cited earlier: If one writing a document distanced the witnesses’ signatures two lines from the text of the document, leaving two lines blank, the document is not valid. One can infer: But if there is a gap of only a line and a half, the document is valid.

אֵימָא סֵיפָא: שִׁיטָה אַחַת – כָּשֵׁר. שִׁיטָה אַחַת הוּא דְּכָשֵׁר, הָא שִׁיטָה וּמֶחֱצָה – פָּסוּל! אֶלָּא מֵהָא לֵיכָּא לְמִשְׁמַע מִינַּהּ.

The Gemara deflects this proof: Say the last clause of the baraita: If one writing a document distanced the witnesses’ signatures one line from the text of the document, the document is valid. One can infer: It is only when there is a gap of one line that the document is valid, but if there is a gap of a line and a half it is not valid. The Gemara states: Rather, no inference is to be learned from this baraita.

מַאי הָוֵי עֲלַהּ? תָּא שְׁמַע, דְּתַנְיָא: הִרְחִיק אֶת הָעֵדִים שְׁנֵי שִׁיטִין מִן הַכְּתָב – פָּסוּל. פָּחוֹת מִכָּאן – כָּשֵׁר.

What halakhic conclusion was reached about this matter? Come and hear a proof from a different source, as it is taught in a baraita (Tosefta 11:10): If one writing a document distanced the witnesses’ signatures two lines from the text of the document, the document is not valid, but if the gap is less than that, it is valid. It is clear from the baraita that any gap less than two full lines does not invalidate the document.

הָיוּ אַרְבָּעָה וַחֲמִשָּׁה עֵדִים חֲתוּמִין עַל הַשְּׁטָר, וְנִמְצָא אֶחָד מֵהֶן קָרוֹב אוֹ פָּסוּל – תִּתְקַיֵּים עֵדוּת בַּשְּׁאָר.

The baraita continues: If there were four or five witnesses signed on the document, and one of them was found to be a relative of one of the parties in the document, or one of them was found to be otherwise disqualified from bearing witness, the testimony on the document may be established via the other witnesses.

מְסַיַּיע לֵיהּ לְחִזְקִיָּה, דְּאָמַר חִזְקִיָּה: מִלְּאָהוּ בִּקְרוֹבִים – כָּשֵׁר.

The Gemara draws a further conclusion from this baraita: This supports the opinion of Ḥizkiyya, as Ḥizkiyya says: If one filled in the gap between the document and the signatures with signatures of relatives, the document is valid.

וְאַל תִּתְמַהּ, שֶׁהֲרֵי אֲוִיר סוּכָּה פּוֹסֵל בִּשְׁלֹשָׁה, סְכָךְ פָּסוּל פּוֹסֵל בְּאַרְבָּעָה.

Ḥizkiyya continued: And do not be surprised by this, as a similar situation is found with regard to the roofing of a sukka. Empty space in the roofing of a sukka disqualifies the sukka if the space extends for three handbreadths, whereas materials that are unfit to be used as roofing disqualify the sukka only if the unfit material extends for four handbreadths. If a sukka had a gap in its roofing of three handbreadths it is disqualified, but if the gap is filled in with unfit material the sukka is valid, since it is less than four handbreadths. This is comparable to the situation with a document: If there is a significant gap between the text and the signatures the document is not valid, but if the gap is filled in with signatures of those disqualified from bearing witness it is valid.

אִיבַּעְיָא לְהוּ: שְׁנֵי שִׁיטִין שֶׁאָמְרוּ –

§ A dilemma was raised before the Sages: With regard to the gap of two blank lines between the text and the signatures, which the Sages said invalidates the document,

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete